Terms & Conditions for Use

NOTICE: You are accessing a Datafaction, Inc. internet website (e.g., www.datafaction.com, www.login.datafaction.com) (the “Site”). Datafaction, Inc. and its subsidiaries and affiliates (collectively “Datafaction”) and some providers not affiliated with Datafaction (“Information Providers”) prepare or provide the information, materials, products and services available or described on the Site. These Terms and Conditions For Use govern your access to and use of the Site, including any information, functionality, products and services provided on or through the Site (“Services”).

PLEASE READ THESE TERMS AND CONDITIONS FOR USE OF THE SITE CAREFULLY.

BY ACCESSING THE SITE AND USING ANY OF THE SERVICES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS FOR USE.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS FOR USE, OR ARE UNDER 13 YEARS OF AGE, PLEASE EXIT THE SITE IMMEDIATELY.

If you access the Site from outside of the United States, you are responsible for compliance with local, national and international laws. The Site is not intended for use or access by any person or entity in any jurisdiction where such use or access is contrary to local law or regulation.

TRADEMARK/COPYRIGHT/PATENTS/RESTRICTIONS ON USE

All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to Datafaction or its licensors or licensees.  You may not use, reproduce or display any of the Datafaction trademarks without Datafaction’s prior written consent.

The information and material on the pages of the Site and the arrangement of the information and material are owned and controlled by Datafaction unless otherwise indicated and are protected by intellectual property laws, including the applicable laws of the United States of America. When you agree to these Terms and Conditions For Use, you are authorized to view the contents of the Site for your informational purposes only. You may access and download copyrighted and trademarked material for your personal or internal business purposes only subject to any applicable agreements or terms of use. You agree that you do not acquire any ownership rights in the copyrighted or trademarked material you access or download. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works from or republish in any form all or any part of the Site for any commercial or public purpose without the prior written consent of Datafaction.

Inquiries respecting the use of copyrighted materials or other materials on the Site may be directed to Datafaction through contact information provided on the Site.

MONITORING

You acknowledge that, for your protection and the protection of Datafaction, all activity on this Site may be monitored and recorded in accordance with the Datafaction Online Privacy Policy and cookie policy, each of which are incorporated herein by reference and can be found on the Site. 

UNAUTHORIZED USE OF SITE NOT PERMITTED

By accessing the Site or using the Services, you agree that you have an obligation of appropriate use and conduct that includes not causing an unreasonable processing load on the Services or systems, and not introducing any virus, worm, Trojan horse or other material that may harm or disrupt the Services or systems.  Unauthorized use of the Site, including but not limited to unauthorized entry into any Datafaction system`, unauthorized use of any Datafaction product or service, or the misuse of any password or any information or material appearing on the Site is strictly prohibited.  Further, users of the Site shall not disrupt or cause harm to, or attempt to disrupt or cause harm to, the Site (or to any Services) through the introduction of harmful or invasive files or programs, including any virus, spyware, or code. 

DATAFACTION PRODUCTS AND SERVICES

The content on the Site is not intended as an offer for any particular product or service.  Products and Services described in the Site are subject to the terms and conditions of the applicable agreement for each such product and Service, and such terms shall control to the extent that there is an inconsistency with these Terms and Conditions For Use.

Not all products or services described on the Site may be available at all Datafaction locations or to all Datafaction customers. Eligibility for a particular product or service is subject to final determination by Datafaction.

LINKED SITES

The Site may contain links to web sites controlled or offered by a third party not affiliated with Datafaction (“Third Party Site”). DATAFACTION DISCLAIMS ALL LIABILITY FOR ANY INFORMATION, AND THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE, LISTED OR OFFERED AT ANY THIRD PARTY SITE. By creating a link to a Third Party Site, Datafaction does not thereby recommend or endorse any product or service offered on or through such site. Datafaction is not responsible or liable for any failure of or defect in any product or service offered or advertised on or available through a Third Party Site. Datafaction makes no warranty of any kind, express, implied or statutory, respecting any information, material, product or service provided on or through a Third Party Site, including but not limited to the accuracy, completeness or timeliness of any such information or material, the non-infringement of the rights of others, the freedom from computer virus or other harmful effects and the merchantability or fitness for a particular purpose of any such product or service. The privacy policies of third parties not affiliated with Datafaction may differ from the Datafaction Online Privacy Policy and third parties may provide less security on their sites than does Datafaction.

NO WARRANTY/OTHER DISCLAIMERS

The information and materials available on the Site produced by Datafaction or any Information Provider are intended for general use or education and are derived or produced from sources believed by Datafaction to be reliable and accurate when produced. However, Datafaction does not warrant the accuracy, completeness or timeliness of any such information or material or the appropriateness of the information or material for use by you. Datafaction expressly disclaims all liability for errors or omission in this information and material. No warranty of any kind, express, implied or statutory, including but not limited to the warranty of merchantability or fitness for a particular purpose, is given in conjunction with this information and material or a product or service available on the Site, except as Datafaction may otherwise expressly agree in writing.

You acknowledge that neither Datafaction nor any of its employees, agents, Information Providers or licensors warrant that the products or services provided or made available through the Site or that the Site itself will be uninterrupted, error free or free from computer virus.

Unless otherwise stated, opinions expressed or recommendations made on the Site are the opinions or recommendations of the authors and are not, necessarily, the opinions or recommendations of Datafaction.

System response times may vary due to system performance and other factors, and access to the Site may be unavailable or limited for various reasons for which Datafaction shall not be held responsible.

Datafaction may interact with you through the Site, including through a live chat feature.  Information communicated through the chat service will not be considered a legal agreement, representation, or warranty as to our products, services, processes, decisions, or response times. Abusive or inappropriate language during a chat session is prohibited and use of such language may result in termination of the session.

LIMITATION ON LIABILITY

EXCEPT AS DATAFACTION MAY OTHERWISE AGREE IN WRITING OR AS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT DATAFACTION IS NOT LIABLE FOR ANY LOSS, COST, LIABILITY OR EXPENSE ARISING BY REASON OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE, THE SITE ITSELF, THE USE OF INTERNET BROWSER SOFTWARE OR ANY COMPUTER VIRUS THAT MAY AFFECT YOUR COMPUTER SYSTEM BY REASON OF YOUR ACCESS TO THE SITE (PROVIDED THAT DATAFACTION SHALL HAVE TAKEN REASONABLE PRECAUTION TO PROTECT AGAINST SUCH A VIRUS). IN NO EVENT WILL DATAFACTION BE LIABLE OR RESPONSIBLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF DATAFACTION HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

INDEMNIFICATION

If you use the Site to access data or information of which you are not the owner or authorized user as reflected in Datafaction’s systems, you shall indemnify, defend, and hold harmless Datafaction and all of its direct and indirect subsidiaries and affiliates, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, in the event of any actual or reasonably suspected unauthorized access to data or information, you shall be responsible for the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost.  Datafaction’s rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by Datafaction of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through the Site, notwithstanding the terms of any agreement you have stating otherwise.

MOBILE SERVICES

If you access the Site or Services using mobile devices through websites specifically designed for mobile devices or through software applications ("Mobile Services"), you understand and agree that: (i) you must be properly enrolled to use the Mobile Services; (ii) you may not have access to all of the same services, features, functionality, content or information through Mobile Services as you may through the Site and you must access the Site through a technology other than Mobile Services to access the services, features, functionality, content and information of the Site; (iii) Mobile Services may not be available for use in locations outside of the United States; and (iv) you are responsible for any fees imposed by a service provider that you might incur by accessing Mobile Services.  There may be important terms and conditions that are displayed only when you click on information icons or links within Mobile Services. You must access and read those terms and conditions, and by using Mobile Services, those terms and conditions apply to your use of Mobile Services, in addition to the terms and conditions of any other applicable agreements.  

CHANGE IN TERMS/MODIFICATIONS

Datafaction reserves the right to change these Terms and Conditions For Use in whole or in part at any time without prior notice except as otherwise required by law or as otherwise agreed in writing. The current version of these Terms and Conditions For Use are available to you on the Site. If you find these Terms and Conditions For Use, or any of them, unacceptable to you at any time, you shall discontinue your use of the Site. By continuing to access or use of the Site after the date of any change in the Terms and Condition of Use you agree to the then current Terms and Conditions For Use, and not any older cached version.

Datafaction reserves the right to modify or terminate the Site, any product or service available through the Site, any Link provided by or to the Site and your access to the Site, in whole or in part, at any time without notice.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions For Use are governed by applicable federal law and the law of the State of California, without regard to its conflict of law provisions, unless otherwise indicated. You agree that if you access the Site in a jurisdiction where Datafaction does not have an office Datafaction is not subject to the jurisdiction of the courts in that place by reason of that access and Datafaction does not consent to such jurisdiction. The Terms and Conditions For Use are subject to any other agreement you have entered into with Datafaction.

You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (“OFAC”). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.